Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 5. DISTRICT COURTS · Part 1. Definition of Districts and Assignment of Judges
Montana Code Annotated

Mont. Code Ann. § 3-5-113 (2026)

Judges Pro Tempore -- Special Masters -- Scope Of Authority In Criminal And Civil Cases

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 5
  4. Part 1
  5. 3-5-113 Judges pro tempore -- special masters -- scope of authority in criminal and civil cases

TITLE 3. JUDICIARY, COURTS

CHAPTER 5. DISTRICT COURTS

Part 1. Definition of Districts and Assignment of Judges

Judges Pro Tempore -- Special Masters -- Scope Of Authority In Criminal And Civil Cases

3-5-113. Judges pro tempore -- special masters -- scope of authority in criminal and civil cases. (1) (a) A civil action in the district court may be tried by a judge pro tempore or special master, who must be a member of the bar of the state, agreed upon in writing by the parties litigant or their attorneys of record, appointed by the court as provided in 3-5-115, 3-20-102, or 16-12-115, and sworn to try the cause before entering upon the duties in trying the cause.

(b) The judge pro tempore or special master has the authority and power of an elected district court judge in the particular civil action tried in the manner provided for in this subsection (1). All proceedings before a judge pro tempore or special master must be conducted in accordance with the rules of evidence and procedure governing district courts.

(c) Any order, judgment, or decree made or rendered in a civil case by the judge pro tempore or special master has the same force and effect as if made or rendered by the district court with the regular judge presiding.

(2) (a) Preliminary, nondispositive proceedings in criminal actions in a district court may be conducted by a judge pro tempore or special master. The judge pro tempore or special master in a criminal case must be appointed by a district court judge or judges as provided in 3-5-122.

(b) All proceedings before a judge pro tempore or special master in a criminal case must be conducted in accordance with the rules of evidence and procedure governing district courts.

(c) The judge pro tempore or special master in a criminal case has the authority and power of a district court judge to issue orders pursuant to Title 46, chapter 9, concerning bail and conditions of release or detention of persons pending trial, and to conduct arraignments, initial appearances on warrants, and initial appearances on probation revocations. An order made by the judge pro tempore or special master in a criminal case has the same force and effect as if made by a district court judge.

(d) Within 10 days after issuance of an order by a judge pro tempore or special master in a criminal case, a party may object to the order as provided by rules of court and a district court judge shall make a de novo determination of that portion of the order to which objection is made. The district court judge may accept, reject, or modify the order in whole or in part. The district court judge may also receive further evidence or recommit the matter to the judge pro tempore or special master with instructions.

(e) All proceedings before a judge pro tempore or special master in a criminal case must be conducted in a suitable room in the courthouse, subject to the provisions of Title 46 relating to the use of two-way electronic audio-video communication. All records must be filed and kept in accordance with the rules governing the district court.

History: En. Sec. 37, C. Civ. Proc. 1895; re-en. Sec. 6271, Rev. C. 1907; re-en. Sec. 8822, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 72; re-en. Sec. 8822, R.C.M. 1935; R.C.M. 1947, 93-311; amd. Sec. 1, Ch. 663, L. 1987; amd. Sec. 1, Ch. 394, L. 1995; amd. Sec. 6, Ch. 473, L. 2001; amd. Sec. 25, Ch. 576, L. 2021.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1984–2021 · leading case: Marriage of Beals, 2013 MT 120, 300 P.3d 1158.
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Marriage of Beals, 2013 MT 120, 300 P.3d 1158. · cites it 13× “Thus, § 3-5-113, MCA, addresses the circumstance in which the parties have agreed to effectively replace the district court judge with a special master and thereby render an appeal directly to this Court the only procedure by which to obtain review.”
Jim Galipeau v. PF2 Leasing, LLC, 2021 MT 93, 485 P.3d 188. · cites it 24× “2 order is the court’s final decision on the referenced matter,” but alleges that in this case, the Determination is not “the court’s final decision.”
Parenting of G.J.A. Minor Child, 2014 MT 215, 331 P.3d 835. · cites it 2× “The appellant invoked § 3-5-113(l)(c), MCA, a statutory provision that relates “specifically to special masters and not standing masters.”
State ex rel. Wilcox v. Dist. Court of the Thirteenth Jud. Dist., 678 P.2d 209 (Mont. 1984). · cites it 3× “Section 3-5-113, MCA. The fact that retired judges’ terms as district judges have expired does not, in itself, disqualify them from exercising judicial functions.”
Cushman v. Montana Twentieth Jud. Dist. Court, 2015 MT 311, 360 P.3d 492. · cites it 6× “Section 3-5-113, MCA. Thus, had Judge Christopher ordered that the parties utilize Judge Harkin as a special master, Trieweiler could have raised the issue on appeal or pursued, perhaps, a writ of supervisory control.”
PF2 Leasing, LLC v. Jim Galipeau, 2021 MT 308. · cites it 5× “Once a special master is appointed to try a matter under § 3-5-113, MCA, that cause which the special master is appointed to decide is no longer “to be tried by the court” that appointed the special master.”
State ex rel. Wilcox v. DIST. CT. OF 13TH JUD., 678 P.2d 209 (Mont. 1984). · cites it 3× “Section 3-5-113, MCA. The fact that retired judges' terms as district judges have expired does not, in itself, disqualify them from exercising judicial functions.”
Mont. Code Ann. § 3-5-113(1)(a): 2 cases
Jim Galipeau v. PF2 Leasing, LLC, 2021 MT 93, 485 P.3d 188. “2 order is the court’s final decision on the referenced matter,” but alleges that in this case, the Determination is not “the court’s final decision.”
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. “Thus, § 3-5-113, MCA, addresses the circumstance in which the parties have agreed to effectively replace the district court judge with a special master and thereby render an appeal directly to this Court the only procedure by which to obtain review.”
Mont. Code Ann. § 3-5-113(1)(b): 1 case
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. “Thus, § 3-5-113, MCA, addresses the circumstance in which the parties have agreed to effectively replace the district court judge with a special master and thereby render an appeal directly to this Court the only procedure by which to obtain review.”
Mont. Code Ann. § 3-5-113(1)(c): 3 cases
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. “Thus, § 3-5-113, MCA, addresses the circumstance in which the parties have agreed to effectively replace the district court judge with a special master and thereby render an appeal directly to this Court the only procedure by which to obtain review.”
Jim Galipeau v. PF2 Leasing, LLC, 2021 MT 93, 485 P.3d 188. “2 order is the court’s final decision on the referenced matter,” but alleges that in this case, the Determination is not “the court’s final decision.”
PF2 Leasing, LLC v. Jim Galipeau, 2021 MT 308. “Once a special master is appointed to try a matter under § 3-5-113, MCA, that cause which the special master is appointed to decide is no longer “to be tried by the court” that appointed the special master.”
Mont. Code Ann. § 3-5-113(l)(c): 1 case
Parenting of G.J.A. Minor Child, 2014 MT 215, 331 P.3d 835. “The appellant invoked § 3-5-113(l)(c), MCA, a statutory provision that relates “specifically to special masters and not standing masters.”
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